Kinneberg v. Kinneberg
North Dakota Supreme Court
Appeal from-District Court, Nelson County; Fisk, J. Action by Burgett Kinneberg against Ole Kinneberg. Judgment for plaintiff, and both parties appeal. Plaintiff’s objection to defendant’s -offer of proof was properly sustained. Best on Evidence, § 506. “Where a tender of evidence is made to prove certain facts, some of which are admissible and others inadmissible the offet is properly rejected. The Court is not bound to separate it and admit such parts as are competent.”
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Appeal from-District Court, Nelson County; Fisk, J. Action by Burgett Kinneberg against Ole Kinneberg. Judgment for plaintiff, and both parties appeal. Plaintiff’s objection to defendant’s -offer of proof was properly sustained. Best on Evidence, § 506. “Where a tender of evidence is made to prove certain facts, some of which are admissible and others inadmissible the offet is properly rejected. The Court is not bound to separate it and admit such parts as are competent.” Thompson on Trials, § 678; Smith v. Arsenall Bank, 104 Pa. St. 518; Flolsey v. Black, 28 N. Y. 444; First National Bank v.…
1Opinion of the CourtYoung, J.
In this action the plaintiff seeks to recover damages for wrongs alleged to have been suffered by her at the hands of the defendant, who is her father-in-law. The complaint originally contained three separate causes of action. The first charges an assault with attempt to rape, committed July 12, 1894, the second sets out a repetition of the same offense occurring some eight days later, and the third charges the defendant with alienating the affections of her husband. The case was tried to a jury. After the plaintiff had rested her case the second cause of action was stricken out by consent of…
2Cases cited6 opinions
- Humphrey v. HumphreySupreme Court of Connecticut · 1828
- Fowler v. Ætna Fire Insurance Co.New York Supreme Court · 1827
- Wright v. McKeeSupreme Court of Vermont · 1864
- Grottkau v. StateWisconsin Supreme Court · 1888
- Norris v. Stewart's HeirsSupreme Court of North Carolina · 1890
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3Cited by7 opinions
- Andrews v. O'HEARNNorth Dakota Supreme Court · 1986
- Tice v. MandelNorth Dakota Supreme Court · 1956
- Braun v. RiskedahlNorth Dakota Supreme Court · 1967
- Ewing v. LunnSouth Dakota Supreme Court · 1908
- Bradley v. KrogenNorth Dakota Supreme Court · 1936
2 more not listed; retrieve them via the Exa API.